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A consultant asks whether compensation received for patrimonial liability to the State is exempt from income tax. The DGT responds that it is not exempt as it does not constitute personal damage and must be taxed as income from work, allowing a 30% reduction due to a generation period exceeding two years.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización por retribuciones no percibidas no es una renta exenta por daños personales, sino un rendimiento del trabajo según el artículo 17.1 de la Ley del IRPF. Al compensar perjuicios económicos por un periodo superior a dos años, es aplicable la reducción del 30% del artículo 18.2, siempre que no se hayan aplicado otras reducciones similares en los cinco periodos impositivos anteriores y no supere los 300.000 euros.
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